(a) by action or proceeding in accordance with the civil practice law
and rules, enforce all rights of the bondholders, including the right to
require the authority to collect rents, rates and charges adequate to
carry out any agreement as to, or pledge of, such rents, rates and
charges and to require the authority to carry out any other agreements
with the holders of such bonds to perform its duties under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the authority to account as if it
were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, enjoin any acts or things which may be
unlawful or in violation of the rights of the holders of such bonds; and
(e) declare all such bonds due and payable, and if all defaults shall
be made good, then with the consent of the holders of twenty-five per
centum of the principal amount of such bonds then outstanding, to annul
such declaration and its consequences.
3. Such trustee shall in addition to the foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of bondholders in the enforcement and protection of their
rights.
4. The supreme court shall have jurisdiction of any action or
proceeding by the trustee on behalf of such bondholders. The venue of
any such action or proceeding shall be laid in the county.
5. Before declaring the principal of bonds due and payable, the
trustee shall first give thirty days notice in writing to the agency.
6. Any such trustee, whether or not the issue of bonds represented by
such trustee has been declared due and payable, shall be entitled as of
right to the appointment of a receiver of any part or parts of the
project, the revenues of which are pledged for the security of the bonds
of such issue, and such receiver may enter and take possession of such
part or parts of the project and, subject to any pledge or agreement
with holders of such bonds, shall take possession of all moneys and
other property derived from such part or parts of the project and
proceed with any construction thereon or the acquisition of any
property, real or personal, in connection therewith that the authority
is under obligation to do, and to operate, maintain and reconstruct such
part or parts of the project and collect and receive all revenues
thereafter arising therefrom subject to any pledge thereof or agreement
with bondholders relating thereto and perform the public duties and
carry out the agreements and obligations of the authority under the
direction of the court. In any suit, action or proceeding by the trustee
the fees, counsel fees and expenses of the trustee and of the receiver,
if any, shall constitute taxable disbursements and all costs and
disbursements allowed by the court shall be a first charge on any
revenues derived from the project.
7. The county is authorized to pledge to and agree with the holders of
the bonds that the county will not limit or impair the rights hereby
vested in the authority to purchase, construct, maintain, operate,
repair, improve, increase, enlarge, extend, reconstruct, renovate,
rehabilitate or dispose of any project, or any part or parts thereof,
for which bonds of the authority shall have been issued, to establish
and collect rates, rents, fees and other charges referred to in this
title and to fulfill the terms of any agreements made with the holders
of the bonds or with any public corporation or person with reference to
such project or part thereof, or in any way impair the rights and
remedies of the bondholders, until the bonds, together with interest
thereon, with interest on any unpaid installments of interest and all
costs and expenses in connection with any action or proceeding by or on
behalf of the bondholders are fully met and discharged.
Structure New York Laws
Article 8 - Miscellaneous Authorities
Title 13-I - County of Franklin Solid Waste Management Authority
2051-C - County of Franklin Solid Waste Management Authority.
2051-D - Transfer of Property to Authority; Acquisition of Property by County for Authority.
2051-E - Powers of the Authority.
2051-F - Governmental Capacity of the Authority and Municipalities.
2051-G - Transfer of Officers and Employees.
2051-H - Bonds of the Authority.
2051-I - Remedies of Bondholders.
2051-J - State, County and Municipalities Not Liable on Bonds.
2051-K - Moneys of the Authority.
2051-L - Bonds and Notes as Legal Investment.
2051-M - Agreement With the State.
2051-N - Exemption From Taxes, Assessments and Certain Fees.
2051-O - Actions Against the Authority.
2051-Q - Interest in Contracts Prohibited.
2051-R - Audit and Annual Report.
2051-T - Contracts With Municipalities; Powers of Municipalities.
2051-U - Solid Waste Reserve Fund.
2051-V - Environmental Applications, Proceedings, Approvals and Permits.